At least eight new members of the judiciary will be added to the bench in the coming weeks, as the government seeks to avoid being labelled an untrustworthy jurisdiction by international bodies.
Government sources confirmed that public calls would be issued this month to recruit at least four new judges and four new magistrates.
The engagement of new members of the bench was discussed with two separate expert bodies of the Council of Europe that have raised concerns over the effectiveness of Malta’s anti-money laundering, law enforcement, and judicial systems.
The so-called Venice Commission, tasked with reviewing European states’ constitutions and judicial systems, had in 2018 called for more checks and balances to safeguard Malta’s independent institutions.
Following lengthy talks with the government, the Council of Europe body last year put forward a number of recommendations meant to decentralise power, especially from the Office of the Prime Minister, and improve the performance of Malta’s justice system.
In May 2020, the government had pushed through a number of legal amendments, including a change to the way judges and magistrates are appointed and removed from the bench. This had formed part of a constitutional reform drafted following the Venice Commission visit.
The addition of these eight new members to the bench, expected to cost in excess of €2 million annually in wages, perks and other expenses, will be the first to go through a new appointments system including a public call.
On paper, Prime Minister Robert Abela will have no official role in the appointment process.
These eight new members to the bench are expected to cost in excess of €2 million annually in wages, perks and other expenses
Instead, the appointments will be led by the Committee on the Appointments of the Judiciary, which will recommend the most suitable candidates directly to President George Vella.
According to the new system, it will be the President of the Republic, and not the prime minister of the day, that takes the final decision on judicial appointments.
Meanwhile, Times of Malta is informed that the move to bolster Malta’s overworked law courts comes hot on the heels of talks the government has held with another Council of Europe body tasked with assessing countries’ efforts to stub out major financial crime.
Malta has so far failed Moneyval’s initial review of the country’s anti-money laundering regime, and has spent the past year scrambling to push through long-needed regulatory and legal reforms in a bid to avoid being put on the international list of untrustworthy jurisdictions.
Moneyval is the Council of Europe’s permanent monitoring body entrusted with assessing compliance with the principal international standards to counter money laundering and the financing of terrorism.
Being put on this ‘grey list’ could have a major impact on Malta’s attractiveness as a financial services jurisdiction, making it more difficult for gaming companies, banks, and other businesses to work from Malta.
Just last week, Times of Malta reported how the government would be pushing through a long-shelved legal reform to limit cash transactions to no more than €10,000, after more than six years on the back burner. This reform too, was part of Moneyval’s ‘wishlist’ handed over to the government in recent months, a senior cabinet source said.
Malta will now receive feedback on its efforts from Moneyval in March.